2015 -- H 6194

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LC002624

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRONIC VEHICLE RECOVERY

SERVICES

     Introduced By: Representatives Tobon, Blazejewski, Nardolillo, Filippi, and Barros

     Date Introduced: May 13, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

VEHICLES" is hereby amended by adding thereto the following chapter:

CHAPTER 2.2

ELECTRONIC VEHICLE RECOVERY SERVICES

     31-2.2-1. Short title. – This chapter shall be known and may be cited as the "electronic

vehicle recovery services act."

     31-2.2-2. Electronic vehicle recovery services. – (a) Definitions. For the purposes of

this chapter, "electronic vehicle recovery service" is any aftermarket or factory installed vehicle

tracking system that allows vehicles, with the knowledge and consent of the owner, to be tracked

by law enforcement, the purpose of which is to recover vehicles in the event of theft.

     (b) Notwithstanding any provision of the general or public laws to the contrary, upon the

filing of a report of a stolen motor vehicle and submission of an affidavit from the owner of the

vehicle requesting that the law enforcement agency contact the provider of the vehicle's electronic

recovery services, the service provider upon receipt of notice from the law enforcement agency

shall activate the vehicle's electronic recovery services in order that the law enforcement agency

may use the electronic vehicle recovery services to attempt to recover the vehicle.

     (c) If a vehicle is equipped with an electronic recovery system that has not been activated

at the time it is stolen, an electronic vehicle recovery service provider may at the request of the

owner activate the system upon payment by the vehicle owner to the provider of the standard

periodic subscription fee charged by the system provider.

     (d) Nothing in this section prohibits an electronic vehicle recovery service provider from

establishing protocols by which the provider can voluntarily activate the electronic vehicle

recovery services at the request of the owner.

     (e) All electronic vehicle recovery service providers registered to do business in the state

of Rhode Island or submitting to the jurisdiction thereof and all resellers of electronic vehicle

recovery services shall submit their emergency contact information to the Rhode Island division

of public safety's E-911 unit in order to facilitate requests from law enforcement agencies in

accordance with this section. This contact information must be submitted annually on or before

June 1 of each year or immediately upon any change in said contact information.

     (f) The Rhode Island division of public safety's E-911 unit shall maintain a database

containing emergency contact information for all service providers registered to do business in

this state and shall make the information immediately available to all public safety agencies and

or law enforcement agencies upon request.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRONIC VEHICLE RECOVERY

SERVICES

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     This act would create the "electronic vehicle recovery services act" which would require

that vehicle owners with electronic vehicle recovery systems in their vehicles submit an affidavit

attesting to the theft of the vehicle prior to law enforcement contacting the recovery service

provider for assistance in locating the vehicle. It would also provide that an electronic recovery

service provider could upon payment, activate any recovery system in the vehicle subsequent to

the theft of the vehicle and would require that all such recovery service providers provide their

emergency contact information to the state's E-911 unit which in turn would be required to

maintain a database of all such information.

     This act would take effect upon passage.

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